This post was originally published on this site
HAMPTON — A former traveling nurse was sentenced to three months in prison for allegedly stealing morphine at the Danvers, Massachusetts, rehabilitation facility where she worked.
Loralie LaBroad, 55, of Hampton, was sentenced last week in federal court in Massachusetts after pleading guilty to tampering with a consumer product (morphine). In addition to three months in prison, she will serve two years on supervised release as part of the negotiated plea deal.
During supervised release, LaBroad is prohibited from practicing as a nurse, or anywhere there is access to any type of controlled substance, including prescription medication.
According to the federal criminal code, the maximum penalty for the crime for which LaBroad was convicted is incarceration for 10 years, supervised release for another three, and a fine of $250,000.
However, her sentence was significantly reduced by U.S. District Judge Julia E. Kobick beyond the plea agreement LaBroad signed with acting U.S. Attorney Joshua Levy in August 2024. Levy recommended a 38-month prison sentence followed by three years of supervised release.
According to the prosecutor’s sentencing memorandum, the 38-month sentence recommendation reflected “the very serious nature and circumstances of” LaBroad’s offense. It also represented the “years of suspected tampering at multiple facilities throughout New Hampshire and Massachusetts,” according to court documents.
“While it is deeply troubling to consider the risk of harm LaBroad created for (the patient in the Danvers facility), it is equally disturbing to think about the patients who might have already been harmed by LaBroad’s actions over the years,” Assistant U.S. Attorney Lauren Graber wrote. “It remains unknown how many incidents of LaBroad’s tampering went undetected. All of this suggests that, for years, LaBroad placed patients under her care at risk for serious physical and emotional harm.”
Prosecutors say ex-nurse was accused of similar crimes in NH
According to court documents, LaBroad worked as a registered nurse for more than 30 years in New Hampshire and Massachusetts, where she was licensed. However, in 2021, LaBroad voluntarily surrendered her New Hampshire nursing license following an investigation into allegations she had tampered with patients’ morphine at a Derry rehabilitation center from which she’d been fired, according to court documents.
Her dismissal in Derry came after she worked at the rehabilitation center there from 2019 to 2020, when administrators became suspicious she had been diverting morphine from bottles of medication.
“Other nurses working with LaBorad observed her suspiciously removing bottles of morphine from the carts,” according to court documents, “and when the center later tested one of the suspected bottles it determined the morphine had been tampered with and was significantly diluted.”
LaBroad denied tampering with the bottles, and testing showed no controlled substance in her body.
However, she was fired and agreed to give up her New Hampshire nursing license following an investigation by the N.H. Board of Nursing.
Beginning in December 2021, LaBoard worked as a registered nurse in Massachusetts until May 2022. She was employed through a healthcare staffing company as a traveling nurse and worked at various healthcare facilities in that state, where she was again suspected of tampering with and diverting morphine meant for her patients, according to court documents.
“Again other nurses working alongside LaBroad detected evidence of tampering (i.e. bottles that were leaking or appearing to be the wrong color).” according to court documents. “Several of these bottles were tested and also came back at significantly diluted concentrations. LaBroad was the suspected source of the tampering because of her consistent access to the bottles of morphine at issue.”
Massachusetts sting led to federal indictment
In April 2022, officials at the Danvers facility contacted law enforcement investigators after a nurse noticed a bottle of morphine was “wet and leaking.” All bottles of morphine were inspected, with three appearing to be tampered with “because the color of the (liquid in the) bottles was lighter than expected or the bottle had puncture holes in the seal.”
The Food and Drug Administration testing confirmed the liquid in those bottles had been diluted. LaBroad had been the nurse assigned to the medicine carts holding the bottles two days prior.
Given the suspicion, working with the Danvers facility, law enforcement undertook a “controlled operation” prior to LaBoard’s May 12, 2022, shift to see if she was tampering with the morphine bottles, according to court documents.
Photographs were taken of the morphine bottles on the medicine cart assigned to LaBroad, according to court documents, including two bottles assigned to the same patient, one fully sealed and one open.
“LaBroad then came on shift and was the only individual with access to the medicine cart for the duration of the shift,” according to court documents.
At the end of LaBroad’s shift, when the two bottles were examined, investigators found the previously sealed bottle was leaking, with several puncture holes in it, and the fluid within it was a different color. Lab tests confirmed both morphine bottles had been tampered with and the solutions diluted.
“Specifically, LaBroad diluted (the patient’s) morphine by removing morphine and replacing the removed liquid with another unknown solution,” according to court documents.
LaBroad initially denied the accusations in 2022, but she would eventually admit guilt as part of a plea agreement she signed on Sept. 19, 2024.
Defense plea for lesser sentence filed under seal
According to the prosecutor’s sentencing recommendation, a 38-month prison sentence was warranted due to the damage LaBroad may have done to her patients’ health, by diluting and diverting the medication from patients who truly needed it, as well as abusing the trust patients placed in her and the healthcare system.
Prosecutors noted LaBroad had a history of personal issues and a criminal history “that spans nearly a decade,” including convictions for “narcotics offenses, larceny, breaking and entering and driving while intoxicated.”
They noted a reduction to 38 months from 10 years had been recommended because LaBroad eventually accepted responsibility for her actions and showed an effort for rehabilitation.
Although prosecutors may recommend sentences and defendants sign plea agreements based on them, judges have the authority to accept, deny or alter those recommendations.
LaBroad’s defense attorney, Henry Fasoldt, filed their own sentencing memorandum arguing for a lesser sentence. The memorandum was filed under seal and addresses “LaBroad’s history of substance use, her brother’s mental health struggles, and Ms. LaBroad’s recent medical procedure.”
In addition to the prison sentence, LaBroad must submit to substance use testing, not to exceed 104 drug tests per year, and participate in a mental health treatment program as directed by the probation office.